Need help regarding H1B revokation by USCIS


cool_dude12

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Posted

Hi... It seems that I am in series problem now.

I have started my career in US with employer A in Oct' 2007 and continued for 4.5years. during this period, I got 2nd term H1B extension with expire date Aug' 2013 and I-140 in EB3 category. Later, I have moved to employer B in April 2012 and got new H1B with expire date June 2014.

employer B started my GC process in EB2 and labor got denaied. Employer A also filed new Perm process in EB2 just before leaving them and it is got approvied.

Since employer A did not revoke my H1B and I-140, I have consulted company A to join them if my I140 is aproved with new perm and company A started i140 process. Now, USCIS sent a letter to intent revoke notice of H1B of extension of company A due employee employer relationship ( Employee -> Vendor -> Vendor -> Client ). Now employer A is saying that he is going to revoke I-140 too.

1. Can I continue working for employer B till June 2014, If USCIS revoke my H1B of employer A?

2. Can I apply for H1B extension after June 2014 with employer B with revoked i-140.

3. Am I out of status if USCIS revokes H1B as my current H1b of employer B is based on approved i-140 of employer A?

4. Can I move to company C and start new GC process with revoked i-140?

I will be grateful, if you somebody help me with suggestion.

Thanks

Posted

1. Can I continue working for employer B till June 2014, If USCIS revoke my H1B of employer A?

2. Can I apply for H1B extension after June 2014 with employer B with revoked i-140.

3. Am I out of status if USCIS revokes H1B as my current H1b of employer B is based on approved i-140 of employer A?

4. Can I move to company C and start new GC process with revoked i-140?

I will be grateful, if you somebody help me with suggestion.

Thanks

1. Yes as you have an approved H1B till Jun 2014

2. No, you can only retain I-140 PD - Re-check this with an immigration lawyer

3. Yes, If you stay with company A, and H1 is revoked/withdrawn.

No, if you are able to start working with B/new employer

4. Yes, you can get an H1B and then initiate a new GC process. I140 PD can still be ported

Do consult a good immigration lawyer before taking a decision.

Good Luck!!!

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